Dennison v. State

Indictment for an assault and battery, with intent to commit murder. Conviction and sentence for two years to the state prison.

On the trial, the Court instructed the' jury, among other things, as follows:

“ To sustain a charge of assault and battery with intent to murder, the circumstances surrounding the transaction must be such that if death had resulted it would have been murder.

“ If the killing would only have been manslaughter; or if the defendant only intended to do great bodily injury, the defendant should be acquitted of the intent to murder.

“ As to the provocation, which will reduce…